Bankruptcy Filing Checklist for Miami

Use this checklist to prepare for your bankruptcy filing in the S.D. Fla.. Gathering these documents before meeting with an attorney saves time and money.

This page provides general educational information, not legal advice. Consult a qualified attorney for advice about your specific situation.

Documents You Will Need

Income Documentation

  • Pay stubs for the last 6 months (all jobs)
  • Federal tax returns for the last 2 years
  • No state income tax returns required in Florida
  • Social Security, pension, or retirement income statements
  • Self-employment profit and loss statements (if applicable)
  • Unemployment benefit records (if applicable)

Asset Documentation

  • Bank statements for the last 3-6 months (all accounts)
  • Vehicle titles and registration
  • Mortgage statement showing balance and monthly payment
  • Property tax assessment or recent appraisal
  • Retirement account statements (401k, IRA, pension)
  • Life insurance policies (with cash value)

Debt Documentation

  • Credit reports from all three bureaus (free at annualcreditreport.com)
  • Collection letters and lawsuit papers
  • Medical bills, student loan, car loan, and credit card statements
  • Garnishment orders

Personal Documentation

  • Government-issued photo ID
  • Social Security card
  • Proof of current address
  • Marriage certificate or divorce decree (if applicable)
  • Child support or alimony orders (if applicable)

Required Courses

Pre-Filing Credit Counseling

  • Within 180 days before filing
  • 60-90 minutes, online or phone
  • ~$25, DOJ-approved provider
  • Certificate filed with petition

Post-Filing Debtor Education

  • Before discharge
  • ~2 hours, online or phone
  • ~$25, DOJ-approved provider
  • Certificate filed with court

Filing Costs in the S.D. Fla.

ExpenseChapter 7Chapter 13
Court filing fee$338$313
Credit counseling~$25~$25
Debtor education~$25~$25
Attorney fees (Miami range)$1,000-$2,500$3,000-$5,000
Total estimate$1,388-$2,888$3,363-$5,363

Filing fees can be paid in installments. Fee waivers available for filers below 150% of the federal poverty line.

Things to Avoid Before Filing

  • Do not transfer property to friends, family, or trusts
  • Do not pay back relatives -- payments within 1 year to insiders can be recovered
  • Do not run up credit card debt -- charges over $800 on luxury goods within 90 days are presumed non-dischargeable
  • Do not cash out retirement accounts -- they are fully exempt in bankruptcy
  • Do not hide assets -- this is federal bankruptcy fraud

Free Legal Help in Miami

Legal Services of Greater Miami (305-576-0080), Coast to Coast Legal Aid of South Florida (954-736-2400)

The S.D. Fla. bankruptcy clerk's office at 301 N Miami Ave, Miami, FL 33128 (C. Clyde Atkins U.S. Courthouse) can also provide pro se resources.

Frequently Asked Questions

What documents do I need to file bankruptcy in Miami?

You need: 6 months of pay stubs, 2 years of tax returns, 3-6 months of bank statements, vehicle titles, mortgage statements, a complete debt list, and credit reports from all three bureaus.

Do I need to take a class before filing?

Yes. Credit counseling from an approved provider within 180 days before filing. 60-90 minutes, ~$25, available online.

Do I need to take a class after filing?

Yes. A debtor education course (different from pre-filing counseling) before receiving discharge. ~2 hours, ~$25.

How much does it cost to file in Miami?

Chapter 7: $338 filing fee + ~$1,000-2,500 attorney. Chapter 13: $313 filing fee + ~$3,000-5,000 attorney. Credit counseling: ~$25 each course.

Can I file without an attorney?

Technically yes (pro se), but not recommended. Legal Services of Greater Miami (305-576-0080), Coast to Coast Legal Aid of South Florida (954-736-2400) may help if you cannot afford an attorney.

What should I NOT do before filing?

Do not: transfer property, pay back relatives, run up credit card debt, cash out retirement, or hide assets.

Check Your Eligibility

Use the free 1328(f) screener to check whether a prior discharge affects your eligibility for a new bankruptcy discharge.

Free Discharge Screener Means Test Guide

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